Anti-government House members are trying to use the Congressional Review Act – an obscure law that allows Congress to overturn agency rules through an expedited process – to reject a Federal Communications Commission (FCC) rule meant to preserve a fair and open Internet structure. But the Congressional Review Act is a complicated law, and, in this case, it simply won’t work.

The FCC set its net neutrality standard, limiting service providers’ power to discriminate over what Internet users can access and how quickly they can access it, in December 2010. When an agency finalizes a rule, lawmakers have 60 legislative days to begin a process to overturn it. (Because Congress is in recess so frequently, 60 legislative days usually lasts several months.) Rep. Greg Walden (R-OR) began the process Feb. 16 when he introduced House Joint Resolution 37, “Disapproving the rule submitted by the Federal Communications Commission with respect to regulating the Internet and broadband industry practices.”

But, based on the wording of the Congressional Review Act, it appears Walden jumped the gun. The 60-legislative-day clock is to begin on the date the agency publishes the rule in the Federal Register, or the date the agency submits it to Congress, whichever comes later.

The FCC did not publish the rule (which is actually an “order” approved by a majority of FCC commissioners) in the Federal Register. Nor did it submit the rule to Congress, according to a database maintained by the Government Accountability Office. Correction: The FCC did submit the rule to Congress, though it does not appear in the GAO database. Nevertheless, Congress should wait for publication before introducing a resolution.

Nonetheless, yesterday, the House Rules Committee sent H.J. Res. 37 to the House floor for debate. How could a committee which exists to serve as the arbiter of and expert on parliamentary procedure approve a resolution so plainly in violation of the Congressional Review Act? Answer: It doesn’t care.

The resolution passed the House this afternoon in a 241-178 vote, with 5 Democrats voting in the affirmative and no Republicans opposing. However, even if the resolution had been introduced properly, it would be unlikely to clear the 60-vote threshold in the Senate. Moreover, President Obama would not sign legislation that nullifies a standard set by his own administration. The House debate and vote was an exercise in futility.

House members are using the resolution to further preach the ridiculous view that the federal government is coming after you, attempting to control your life. And, of course, they’re using it to score points with their industry funders. Major service providers AT&T, Comcast, Time Warner Cable, and Verizon Communications, companies that could benefit financially if the net neutrality rule is lifted, donated more than $1 million to members of the House Energy and Commerce Committee (where the resolution originated) in 2009 and 2010.

Taxpayers should be offended that the House is wasting its time on legislation that it clearly has no intention of seeing through.